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Personal Injury & Medical Malpractice
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April 09, 2025
Ga. Law Firm Accused Of Botching Suit Against Home Depot
A former client of a Georgia personal injury law firm has sued it and its lead trial attorney for allegedly mishandling her underlying premises liability suit against Home Depot, including by doing "very little to pursue" her claim for two years.
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April 09, 2025
Conn. Justices Won't Review $1.4B Verdict Against Alex Jones
The Connecticut Supreme Court has denied a bid by bankrupt Infowars host Alex Jones to appeal a judgment awarding more than $1 billion to the families of Sandy Hook Elementary School shooting victims who sued him for defamation.
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April 09, 2025
Willkie Atty Says NY Post Leak Cost Him Chance At Millions
A Connecticut lawyer who tipped off the New York Post to a dispute between his landlord client and a tenant, a Willkie Farr partner, has asked a federal judge to help unravel the partner's claim that he lost a "multimillion-dollar opportunity" to work for Debevoise.
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April 08, 2025
'There Is No Duty To The World,' Hyundai Tells 9th Circ.
Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."
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April 08, 2025
Jay-Z 'Trying To Punish' Buzbee For Advocacy, Judge Told
Counsel for personal injury lawyer Tony Buzbee urged a California state judge on Tuesday to shut down Shawn "Jay-Z" Carter's extortion and defamation suit over now-dismissed rape claims, saying the rapper is "a well-funded, powerful figure who's trying to punish lawyers who do what lawyers do."
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April 08, 2025
Pa. Justices Probe Limits To Workers' Comp Immunity
Pennsylvania's Supreme Court questioned the fairness of state law offering broad immunity from liability to co-workers in workers' compensation cases, especially when injuries stemmed from acts that weren't immediately part of the job, as a company co-owner argued Tuesday that the "straightforward" language in the law gives him that protection.
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April 08, 2025
Calif. Panel Wipes Professor's $10M Sex Harassment Verdict
A California state appeals court on Monday reversed a former professor's $10 million sexual harassment jury verdict due to improper evidence let in by a judge who later made "extreme and bizarre" comments relating to race and was disqualified from the case.
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April 08, 2025
NJ Hospital Can Face Claims In Life Support Malpractice Suit
A New Jersey appeals court won't let a hospital escape claims that it wrongfully took a patient off life support, saying Tuesday the trial court was too hasty in tossing the suit under the New Jersey Declaration of Death Act.
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April 08, 2025
Northwestern Players Approaching Settlement In Hazing Suits
A group of Northwestern University football players have reached a provisional settlement with the school over accusations related to alleged hazing that took place within the program over a period of time.
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April 08, 2025
Texas Court Upholds Jurisdiction Over Some Asbestos Claims
A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.
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April 08, 2025
Wash. Smoke Shop Settles Exploding Vape Battery Suit
An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.
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April 08, 2025
Uber's Crash Coverage Bid 'Too Little, Too Late,' Insurer Says
An insurer said it has no duty to defend or indemnify Uber in five underlying personal injury suits, telling a New York federal court that the company's bid for coverage is "too little, too late" because the active negligence claims don't trigger coverage and the request was not timely.
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April 07, 2025
Judge Who Shot Wife Warned Against Retrial 'Press Tour'
The California judge presiding over the murder trial of an Orange County jurist who fatally shot his wife admonished him Monday for embarking on a recent "press tour," warning that he could be violating the state judicial ethics code by commenting on a pending case.
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April 07, 2025
Birth Control Companies Escape Conn. Long-Arm Injury Suits
Eight women who claim to have suffered severe and debilitating injuries after a birth control device — the Filshie Clip — implanted in their body migrated cannot sue in Connecticut state court the companies that designed, manufactured and distributed the clip, a judge has ruled, saying he doesn't have jurisdiction over the out-of-state companies.
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April 07, 2025
NaphCare Hit With $25M Jury Verdict After Ex-Inmate Lost Leg
A Seattle federal jury has determined NaphCare owes $25 million to a man who claimed his leg had to be partially amputated because the correctional healthcare provider failed to address signs of his declining health after he suffered blood clots while behind bars at a Washington county jail.
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April 07, 2025
WHO Cancer Report May Spark Gasoline Toxic Torts
A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.
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April 07, 2025
Insurer Settles Ga. Motel Shooting Coverage Suit
StarStone National Insurance Co. has settled a coverage dispute with a Georgia motel over whether the insurer was obliged to defend the establishment from a negligent security claim brought by the family of a man robbed and murdered on the premises five years ago, the company said Friday.
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April 07, 2025
Lively Seeks To Ax PR Rep's 'It Ends With Us' Defamation Suit
Blake Lively urged a Texas federal court Monday to toss an Austin-based public relations consultant's defamation suit alleging Lively falsely roped the consultant into her sexual harassment and retaliation claims against her "It Ends With Us" director and co-star Justin Baldoni, saying the case lacks merit and shouldn't be adjudicated in Texas.
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April 07, 2025
Judge Ends Mercedes Wheel Suit, 'Wondering' What Defect Is
Mercedes-Benz USA LLC defeated a putative class action Monday claiming the company used defective wheels that caused customer tire blowouts, as a Georgia federal judge said the "shapelessness" of the suit left him "wondering what defect is even being alleged."
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April 07, 2025
AGs Announce $335M Opioid Deal With Mylan
New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.
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April 07, 2025
Twins' Doctor Ducks Penalty In Baseball Player's Death Suit
A Florida state court judge Monday declined to penalize a Minnesota Twins doctor for a previously undisclosed text messages that allegedly contradicted deposition testimony over what he knew regarding the treatment status of a minor league baseball player's fatal heart condition, saying the misstep didn't rise to a punishable level.
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
Conn. Healthcare Facility Seeks To Flip $13.4M Death Verdict
An assisted living facility has asked the Connecticut Appellate Court to throw out a $13.4 million jury verdict surrounding a patient's death, arguing his estate improperly added a time-barred Patient Bill of Rights claim months before trial and didn't adequately prove a breathing apparatus failed.
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April 07, 2025
Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row
A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.